Crash Hearing Draws Crowd, Public Input

High-level state officials promised to fully restore the areas of Cameron County affected by a chemical that leaked from a crashed railcar into a wetlands and ultimately into one of the state's highest quality waterways.

That vow was made during a public hearing arranged by the Pa. Dept. of Environmental Protection (DEP) in the courthouse Wednesday evening.

"We know what full restoration is and we can spell it out in an order," said DEP's Kelly Burch, director of the agency's northwest region. "We've set (the bar) very high and we're going to stick with it."

In addition to a cadre of DEP officials, several Pa. Fish & Boat Commission (F&BC) representatives were also on hand.

DEP's Don Hegberg, a member of the agency's environmental clean-up team, outlined the criteria Norfolk Southern will have to meet in its restoration efforts. He noted that the deadlines for the railroad's scientific analysis of the site, the Portage Branch and the Driftwood Branch are legally binding.

The first such report is due to DEP Friday. It will summarize the soil and ground water samplings taken from the crash site. A second round from the site will be due Oct. 20. An "expanded environmental assessment," including the evaluation of the impact of the spill on downstream areas, must be submitted to DEP by Nov. 15.

DEP is responsible for the vegetation, soil and aquatic insects affected by aquatic insects affected by the spill. Those insects play an important role in the stream's recovery and also in the decision to restock fish.

With stream pH levels back to normal and some aquatic life being recognized near the site and significant insect populations several miles below the site, the F&BC is already feeling the pressure from fishermen who believe the stream, in some areas, could handle fish now, since their food source has rebounded in some areas.

F&BC personnel were reluctant to commit to a stocking schedule for any portion of the stream, noting that stocking would negatively affect the continuing investigation into the fish kill.

The number of fish that were killed is still anybody's guess. Both the F&BC and Norfolk Southern experts are keeping their hands to their chest because they will ultimately be on opposite sides of a criminal trial.

Norfolk Southern will be fined by F&BC on a per-fish basis for the fish kill.

"We've applied the best science we know how," said John Arway, chief of F&BC's Environmental Services Division. "We're doing everything we can to make sure we get a fair and just settlement for you as well as the Commonwealth."

He noted that once the F&BC scientists have completed their fish kill investigation, their work will be scrutinized by peers to "make sure we haven't overlooked anything."

What F&BC officials did say about the fish kill is that their data indicate that fish were affected as far downstream as the confluence of the Bennett's Branch of the Sinnemahoning River.

Norfolk Southern has not publicly said whether or not it believes that assessment. Spokesman Rudy Husband said, "perception is reality" to the F&BC and, ultimately, his company will be "bound by their assessment."

"We're not stream assessment experts," Husband said. "We're just trying to do the right thing."

Several members of the crowd lamented the loss of quality fish, such as the trophysized smallmouth bass and trout.

Asked if fish other than trout would be stocked when the time is considered right, F&BC officials said the issue of how to approach replenishing the fish population is far from decided and that "nothing is being ruled out."

Many suggestions were made by members of the audience, including one that would put whatever money is realized through fines and civil penalties into an endowment fund to be used over time to enhance fishing opportunities in Cameron County. That, in turn, would reward local fisherman and give the local economy a needed shot in the arm.

But, for the time being, some of Cameron County's most popular sporting waters are left to regain life from the mountain tributaries which have been very well-fed by a rainy summer. Gone are the season's anglers who most assuredly would be here now enjoying fall fishing in otherwise perfect waters. Gone, too, are those prized tourist dollars.

Teresa Genaux, owner of the Prospect Motel, which sits directly on the Portage Branch on Sizerville Road, just outside of Emporium, said that no matter what happens in the coming years or months, today she faces a major problem that is no fault of her own.

"I've got a toxic dump problem and a business problem," she said. "I've had no fishermen staying since then."